Kempe and another (joint liquidators of Mentor Insurance Ltd) v Ambassador Insurance Company ((in Liquidation))

JurisdictionUK Non-devolved
Judgment Date1998
Date1998
Year1998
CourtPrivy Council
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64 cases
  • The Companies Law (2013 Revision) the Sphinx Group of Companies in Official Liquidation)
    • Cayman Islands
    • Grand Court (Cayman Islands)
    • 10 June 2014
    ...h): ‘ Support can also be found for my view in the reasoning of the Privy Council inKempe v Ambassador Insurance Co. (in liquidation) [1998] 1 BCLC 234. 107 In Kempe, the liquidators had proposed a scheme of arrangement under the provisions of the Bermuda Companies Act 1981 — corresponding ......
  • Re Cape Plc
    • United Kingdom
    • Chancery Division
    • 7 June 2006
    ... ... Between In the Matter of Cape Plc and Others ... ) which had or may have had inter–company indemnity, agency or business transfer ... (see Rothwell v Chemical & Insulating Co Ltd [2006] EWCA Civ 27 , now on appeal to the House ... by Cape of the discounted value, net of insurance, of all unpaid UK claims, including future ... , Jones & Walker are another firm of solicitors acting for asbestos–related ... to the scheme was an insolvent liquidation and the different payment rates reflected in a ... 's Motors Ltd [1937] Ch 594 at 598–599, Kempe v Ambassador Insurance Co [1998] 1 WLR 271 at ... ...
  • Re T &N Ltd
    • United Kingdom
    • Chancery Division
    • 17 November 2006
    ... ... In Matter of T&N Limited and Others and ... The UK holding company was listed on the London Stock Exchange until ... , a means should be found to avoid a liquidation of the relevant US and UK companies. Some of the ... share of collections under the Hercules insurance policy (as to which see Freakley v Centre ... of arrangement was first made by the Joint Stock Companies Act 1870. It was more limited in ... on other grounds by the Privy Council in Kempe v Ambassador Insurance [1998] 1 WLR 271 ). It is ... comprehensively with, and in one way or another, discharge, all such debts and liabilities." ... The statutory duties of liquidators are part of, and subject to, all the provisions ... ...
  • Re Hawk Insurance Company Ltd
    • United Kingdom
    • Court of Appeal (Civil Division)
    • 23 February 2001
    ... ... In The Matter of the Hawk Insurance Company Limited ... Company Limited (in provisional liquidation) and its creditors. The appeal is brought with ... affairs to be undertaken, provisional liquidators were appointed. The need for provisional ... by the court under section 2 of the Joint Stock Companies Arrangement Act 1870 (a statutory ... reasons prefer one course, while another group prefers another is not a reason for calling ... ...
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1 firm's commentaries
  • More Schemes For SPhinX
    • Cayman Islands
    • Mondaq Cayman Islands
    • 22 August 2014
    ...3 Anglo-American Insurance Co [2001] 1 BCLC 755, BCCI SA (No. 3) [1993] BCLC 1490 and Kempe v Ambassador Insurance Co. (in liquidation) [1998] 1 BCLC 234 4 Re Trix [1970] 1 WLR 1421 5 Starting with Bank of Gibraltar and Malta (1865) LR 1 Ch App 69 and recently reconfirmed in Fargro v Godfro......
2 books & journal articles
  • Table of Cases
    • United Kingdom
    • Wildy Simmonds & Hill Law of Insolvent Partnerships and Limited Liability Partnerships Contents
    • 29 August 2015
    ...Ltd, Re [2009] EWHC 904 (Ch), [2009] BCC 578 123 Kaytech International plc, Re [1999] 2 BCLC 351 16 Kempe v Ambassador Insurance Co [1998] 1 BCLC 234 38 Key2law (Surrey) LLP v De’Antiquis [2011] EWCA Civ 1567, [2012] BCC 375 123 Khan v Miah [2001] All ER 20 2 Knight v Lawrence [1993] BCLC 2......
  • Schemes of arrangement
    • United Kingdom
    • Wildy Simmonds & Hill Law of Insolvent Partnerships and Limited Liability Partnerships Contents
    • 29 August 2015
    ...the shareholders are substantially the same in the transferor and transferee companies, 96 a finding 92 Kempe v Ambassador Insurance Co [1998] 1 BCLC 234, considering the equivalent s 99 of the Bermuda Companies Act 1981. 93 Kempe v Ambassador Insurance Co [1998] 1 BCLC 234, considering the......

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